V.
Administrative Order of the Federal Ministry of Justice of 20 November 2008
1. A Federal Agency for the Prevention of Torture (Federal Agency) shall be established
which is to be designated to the United Nations as the National Preventive Mechanism
within the meaning of Article 3 of the Optional Protocol of 18 December 2002 on the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 (Optional Protocol).
2. The Federal Agency shall have the task of visiting places under federal jurisdiction where
people are deprived of their liberty within the meaning of Article 4 of the Optional Protocol
in order to prevent torture, draw attention to problems and where appropriate make recommendations for improvements.
3. The Federal Agency shall have the rights and powers designated in Articles 19 and 20 of
the Optional Protocol.
The Federal Agency may make recommendations to the competent authorities to improve the conditions for persons who have been deprived of their liberty. The authorities
shall be obliged to examine these recommendations carefully and to make a statement to
the Federal Agency within a suitable period.
Together with the Commission of the Länder on the prevention of torture, the Federal
Agency shall draw up an Annual Report which shall be forwarded to the Federal Government, the Land Governments, the German Federal Parliament and the Länder Parliaments.
4. The Director of the Federal Agency shall act on an honorary basis. He/she shall be independent and not subject to any instructions. Compensation for expenditure and costs shall
be granted in accordance with the provisions contained in the Federal Travel Expenses
Act.
5. The Director of the Federal Agency shall be nominated by the Federal Ministry of Justice
in agreement with the Federal Ministry of the Interior and the Federal Ministry of Defence
for a period of office of four years. Re-nomination shall be possible.
The Director may renounce his/her office at any time. Prior to expiry of the period of office,
dismissal against the will of the Director may only be effected subject to the provisos of
section 24 of the of the German Judiciary Act by the Federal Ministry of Justice in agreement with the Federal Ministry of the Interior and the Federal Ministry of Defence. In this
case, the Federal Ministry of Justice shall nominate a successor for the remaining period
of office in agreement with the Federal Ministry of the Interior and the Federal Ministry of
Defence.
6. The Federal Agency shall have at its disposal a secretariat which shall perform the ongoing business of the Federal Agency and shall be established with the latter in accordance
with the Statutes of the Centre for Criminology.
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